Female adolescents' evolving capacities in relation to their right to access contraceptive information and services : a comparative study of South Africa and Nigeria
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Date
Authors
Savage-Oyekunle, O.A. (Oluremi Ajoke)
Nienaber, A.G. (Annelize Gertruida)
Journal Title
Journal ISSN
Volume Title
Publisher
University of South Africa, Institute for Foreign and Comparative Law
Abstract
Adolescents’ early sexual debut contributes to their huge burden of sexual
and reproductive ill-health, especially in sub-Saharan African countries.
Reports continually reveal that adolescents in general, and female
adolescents in particular, constitute a large portion of the 34 million people
living with HIV worldwide. Other consequences associated with early
adolescent sexuality include unplanned pregnancies, unsafe abortions, and
sexually-transmitted infections. Whilst international human rights
instruments and national legislation recognise the importance of considering
the adolescent child’s evolving capacities, this becomes contentious when
adolescents’ access to contraceptive information and services and other
sexual and reproductive health issues are involved. The article examines
Nigeria’s and South Africa’s national legislation regarding adolescent girls’
right to independently access and consent to confidential contraceptive
information and services in accordance with the recognition of their
evolving capacities provided for under international human rights law. We
argue that a major impediment to adolescent girls’ contraceptive use relates
to the assumption that they are incapable of making rational decisions or of
consenting to sexual and reproductive health care services without parental
Involvement. The article concludes that allowing adolescent girls to consent
independently, especially when accessing contraceptive information and
services, is a necessary step in achieving increased adolescent contraceptive
use, so affirming their evolving capacity in decision-making.
Description
Keywords
International human rights law, Human immunodeficiency virus (HIV), Adolescents, Contraceptive information and services, Nigeria’s national legislation, South Africa’s national legislation
Sustainable Development Goals
Citation
Savage-Oyekunle, OA & Nienaber, A 2015, 'Female adolescents' evolving capacities in relation to their right to access contraceptive information and services : a comparative study of South Africa and Nigeria', Comparative and International Law Journal of Southern Africa, vol. 48, no. 1, pp. 98-123.